WI · jury_instructions
Wis JI-Children 218B
Abuse by Sexual Exploitation: Violation of Wis. Stat. § 948.05(2)
The petition in this case alleges that (child) has been the victim of abuse. Your role as
jurors will be to answer the following question in the special verdict:
1. Was (child) the victim of abuse?
The burden is on (petitioner) to convince you by evidence that is clear, satisfactory,
and convincing, to a reasonable certainty, that the question should be answered "yes."
In this case, "abuse" means sexual exploitation. Sexual exploitation of a child occurs
when a (parent) (person responsible for the child's welfare) permits, allows, or encourages
the child to engage in sexually explicit conduct for the purpose of (insert purpose from Wis.
Stat. § 948.05(1)(a),(b), or (c)).
The burden is on (petitioner) to establish that the following three elements were
present:
First, that (parent) (person responsible for (child)'s welfare) permitted, allowed, or
encouraged (child) to engage in sexually explicit conduct.
Second, the purpose for permitting, allowing, or encouraging (child) was to record or
display in any way sexually explicit conduct involving the child.
Third, that (child) had not attained the age of 18 years. 1
"Sexually explicit conduct" means actual or simulated (sexual intercourse) (bestiality)
(masturbation) (sexual sadism or sexual masochistic abuse) (lewd exhibition of intimate
parts). [Emission of semen is not required.]
(Petitioner) is not required to prove that an alleged abuser had knowledge of (child)'s
age, and any mistake regarding (child)'s age is not a defense. 2 Similarly, consent is not an
issue, and any consent by (child) is not a defense.
While the burden is on (petitioner) to establish that abuse occurred, (petitioner) need
not prove who caused the abuse.
If you are convinced by evidence that is clear, satisfactory, and convincing, to a
reasonable certainty, that (child) was the victim of abuse, you should answer the question in
the special verdict "yes." If you are not so convinced, you must answer the question "no."
SPECIAL VERDICT
1. Was (child) the victim of abuse?
Answer:__________________
Yes or No
History
Wis JI-Children 218B (2010). ©2010, Regents, Univ. of Wis. Prepared by the Wisconsin Jury Instructions Committees of the Wisconsin Judicial Conference with the University of Wisconsin Law School; posted by the Wisconsin State Law Library with the University's permission.
Provenance
- Source
- wilawlibrary.gov
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
2f2c67056866d00b975e3b5c2ed0ff203e050b1a1e1bcae65d1c7c3284146dfc
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